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Report No. 154

43. Removal of Nyayadhyaksha, Nyayapalaka or member.-

(1) The District Magistrate may by notification and with effect from a date to be specified therein remove any member or Nyayadhyaksha or Nyayapalaka who in his opinion is guilty of misconduct in the exercise of the powers vested in him under this Act. A Nyayadhyaksha who is removed from office shall cease to be a member also.

(2) The District Magistrate shall, when he proposes to take action under sub-section (1) give to the member or Nyayadhyaksha or Nyayapalaka concerned an opportunity for explanation and the notification issued shall contain a statement of the reasons for the action taken:

Provided that the District Judge concerned shall be consulted before taking action under this section.

(3) Any person aggrieved by an order in a notification issued under sub-section (1), may within thirty days from the date of publication of such notification prefer an appeal to the Government and the Government may pending a decision on such appeal postpone the date specified in such notification, and shall, in case the review petition is allowed by order, cancel such notification.

(4) If any notification issued under sub-section (1) is cancelled under sub-section (3), the person if any nominated as Nyayadhyaksha, Nyayapalaka or member between the date of such notification and the date of the cancellation thereof shall cease to hold office to which he so nominated and the person in respect of whom such notification was first issued shall be restored to office from the date of cancellation of such notification.

(5) Any person in respect of whom a notification has been issued under sub-section (1) removing him from office of Nyayadhyaksha or member shall unless the notification is cancelled under sub-section (3), be ineligible for nomination as Nyayadhyaksha, Nyayapalaka or as member or from holding any of the offices for a period of three years from the date from which his removal from office has taken effect.

The Code of Criminal Procedure, 1973 Back

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